Who’s seen the story doing the rounds concerning American photographer, Allen Henson, who has recently been hit by a $1 million lawsuit for photographing a topless model at the top of the Empire State Building.  At first glance the story seems incredible in terms of the size of the lawsuit, the apparent absence of any financial loss on the part of the owners of the Empire State building, and the gulf in financial resources between the two Parties. A real David vs. Goliath situation.

People freely take pictures and video every day at this venue without specific permission. It is likely this is allowed for private use and reproduction; however entry ticket terms and conditions are very likely to prohibit the taking of pictures for professional and commercial purposes without permission. The picture was taken within the confines of a privately owned building – a very significant family tourist attraction. It is not hard to see why the owners would be alarmed and offended.

There is the potential to encourage other similar undesirable incidents and in the longer term it might be argued there could be a loss of attraction and income if nothing were done to prevent repeat performances. As an aside, it is entirely possible that the publicity surrounding this event has increased revenues.

Whatever the rights and wrongs, the practicalities of this situation are that the photographer has been drawn into a potentially ruinous legal dispute against the owners of the Empire State Building. Not a fair fight!

Without the backing of an insurer covering legal defence costs and any damages awarded, he is likely to be in deep financial trouble. The types of policies to be checked are his business Professional Indemnity, Directors & Officers Liability or commercial legal expenses, assuming he were deemed to be acting in a Professional or commercial capacity, or alternatively, personal legal expenses insurance if he is found to be acting in a private capacity.

You can read the full story here: http://goo.gl/7Ac04S